On the 7th of September 2022 and at Chipunza Street Rimuka, Kadoma, it is alleged that the accused acting in common purpose with his accomplices still at large stabbed Ian Mharadze using an unidentified weapon with intent to cause his death or realizing that death may result but persisted in their conduct. Ian Mharadze subsequently succumbed to the injuries he sustained. More
This matter proceeded on a statement of agreed facts after the accused pleaded guilty to a lesser charge and permissible verdict of culpable homicide. That limited plea was accepted by Mr E. Mbavarira for the state. Further, the facts also show that the concession by the state is well made. A charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act cannot be sustained in the circumstances.
The 49 year old now deceased was an uncle to the 29 year old accused. They both resided in the same village being Chavani Village, Chief Neshuro,... More
The accused was charged with one count of assault as defined in terms s 89 (1) (a) of the Criminal Code [Chapter 9:23] and another count of unlawful entry as defined in s 131 of the same code. In the first count it was alleged that on 6 July 2015 at Chiradzine Shop. Deda Business Centre, Rusape, the accused unlawfully assaulted the complainant, Tafara Maparura on the left hand with a pool stick and head butted him thereby causing injuries to the complainant. In the second count, it was alleged that on the same date and place, the accused unlawfully... More
The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (The Criminal Law Code). It is alleged that on 17 May 2022 and at Chaira Village, Chief Musarurwa, Masasa in Chivhu, he murdered one Gibson Mawire by assaulting him several times all over his body and throwing him into a well. The accused pleaded not guilty to the charge. More
The accused is charged with the murder of his brother. The State’s case is that on the 20th of October 2015, the deceased arrived home and pelted stones towards the accused’s room alleging that the accused had stolen cash from him. The deceased demanded that the accused should leave the residence. The accused is said to have emerged from his room armed with a hoe and struck the deceased indiscriminately with it causing injuries on the deceased’s back, arm and head from which he had died. More
The accused was, on his own plea of guilty, convicted of unlawful possession of dagga as defined in s 157 of the Criminal Law (Codification and Reform) Act, [Cap 9:23].
The facts placed before the court a quo are:
“1 . ….
2. Accused person is a male adult who resides at Dzitiro village, Chief Muusha, Changadzi and not employed.
3. On the 4th day of April 2010 at about 1000 hours, police details manning a roadblock at Chiriga turnoff, Chipinge stopped a motor vehicle which was ferrying passengers to Chipinge town and a search was conducted resulting in accused... More
The 2 accused are charged with two counts of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty to both counts. The state alleges that on 28 January 2022 the two accused had a misunderstanding with the now 2 deceased, Nqaba and Kelvin Ndlovu. Accused 1 then produced a Colombia knife and stabbed deceased one on the back. The now deceased staggered and fell to the ground. Accused 2 stomped on his body whilst the now deceased lay on the ground bleeding. The two accused thereafter charged at deceased... More
This matter came before me on automatic review from the Regional Magistrates Court. The accused was charged with 2 counts as follows count (1) contravening s 65 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. to say rape (ii). Contravention of s 70 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. having sexual intercourse with a young person. Accused pleaded guilty to both counts which the court recorded to have been accepted in terms of s 271(2)(b) which although not recorded has come to be a reference to the Criminal Procedure & Evidence Act... More
On 26 January I delivered a brief ex tempore judgement dismissing applicant’s quest to be released on bail pending his trial on a murder charge (i.e. contravening section 47 (1) of Criminal Law (Codification and Reform) Act, [Chapter 9:23]). A request was subsequently made for me to furnish the reasons informing that decision,which I now proceed to do. No oral submissions were made by the parties and the application was decided solely on the papers filed by the parties in support of their respective positions. This followed the provisions of Practice Direction 02/21 permitting such procedure. The said Practice Direction... More
The deceased Malunga aged twenty-seven years suffered one of the most vicious, atrocious and brutal deaths at the hands of the accused person and two of his accomplices now at large. His most pivotal vital organs the heart and the lungs were lacerated. More
A terminally ill juvenile aged 18 years was arrested and charged for contravening section 89(4)C of the Postal and Telecommunications Act Chapter 12:05, alternatively, section 10 of the Copper Control Act Chapter 14:12, that is found in possession of copper wires without a license. Both statutory offences carry a specified mandatory prison term with the latter a ten- year automatic custodial sentence. He was convicted of the alternative charge and acquitted on the main after tendering a guilty plea. The trial court found no special circumstances and sentence him to an effective ten- year mandatory sentence. More
The two accused persons are jointly charged with the offence of murder
as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The accused is facing a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 7 December 2010 at about 2100 hours and at Kandeya Township, Mount Darwin, the accused unlawfully caused the death of the now deceased Alex Jomboro by shooting him in the head intending to kill him or despite realizing that there was a real risk or possibility that his conduct might cause death continued to engage in the conduct. The accused pleaded not guilty to the charge and tendered a defence... More
This matter was referred to me by the scrutinising Senior Regional Magistrate for the Eastern Division who felt that it needed urgent attention as there was a likelihood of a grave injustice occurring given that the accused person had been given an unjustified term of imprisonment. More
